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Trading Secrets A Law Blog on Trade Secrets, Non-Competes, and Computer Fraud

Tag Archives: Washington

Top 10 Developments/Headlines in Trade Secret, Computer Fraud, and Non-Compete Law in 2013

Posted in Breach of Fiduciary Duty, Computer Fraud, Computer Fraud and Abuse Act, Cybersecurity, Data Theft, Espionage, International, Legislation, Non-Compete Enforceability, Practice & Procedure, Privacy, Restrictive Covenants, Social Media, Trade Secrets, Unfair Competition

By Robert Milligan and Joshua Salinas

As part of our annual tradition, we are pleased to present our discussion of the top 10 developments/headlines in trade secret, computer fraud, and non-compete law for 2013. Please join us for our complimentary webinar on March 6, 2014, at 10:00 a.m. P.S.T., where we will discuss them in greater detail. As with all

Conversion Claim for Theft of Confidential Information Not Preempted By Trade Secrets Act

Posted in Practice & Procedure, Trade Secrets

Can Oregon employers bring conversion claims against employees who misappropriate confidential information without having their claims preempted by the state’s Uniform Trade Secrets Act? According to a recent Oregon federal district court opinion, the answer is “yes”; however, in several other states, the answer is “no”.

This result highlights the continued divergence of opinion across the nation concerning the viability …

Washington State Passes Social Networking Privacy Legislation

Posted in Legislation, Practice & Procedure, Privacy, Social Media

On May 21, 2013, Washington Governor Jay Inslee signed into law Senate Bill 5211, which with certain exceptions prohibits mandatory employee disclosure of ‘personal’ social-networking account information and profiles. The revised bill passed the Washington house and senate unanimously, and will go into effect on July 28, 2013. Washington thus became the ninth state to pass such legislation, which …

California Federal Court Dismisses California Employee’s Challenge Of His Non-Compete Agreement Based Upon Enforceable Forum Selection Provision

Posted in Non-Compete Enforceability, Practice & Procedure, Restrictive Covenants, Unfair Competition

By Robert Milligan and Grace Chuchla

California federal courts have again said it loud and clear — when analyzing whether or not the enforcement of a forum selection clause within a non-competition agreement is contrary to California public policy, the court will not consider the substantive effects of enforcing the clause.  In a recent case out of the Northern District, …

Hands Off My Tweets: Washington State Senate Proposes Ban on Mandatory Disclosure of Employee Social Networking Passwords

Posted in Legislation, Social Media

On January 30th, the Washington state senate introduced a bill which would prohibit public and private employers within the state from requiring employees to turn over their online social-network account passwords.  Senate Bill 5211.  As we previously blogged, a number of states have passed… or are considering similar legislation, which ostensibly is aimed at protecting employees’ privacy in their

Rankings Of NFL Prospects May Constitute Trade Secrets

Posted in Practice & Procedure, Restrictive Covenants, Trade Secrets

With today’s college football National Championship game between Alabama and Notre Dame, a recent trade secret decision regarding the interplay between trade secrets and NFL scouting grades caught our eye.

National Football Scouting authors several hundred six-page biographical reports annually on outstanding college football players. The reports are sold for $75,000 each to 21 NFL teams to use during the …

Washington Appellate Court Finds That Employer’s Threatening Letter, Relying In Part On Inevitable Disclosure Doctrine, to Former Employee’s Prospective Employer Is Not Actionable

Posted in Non-Compete Enforceability, Practice & Procedure

In Moore v. Commercial Aircraft Interiors, 2012 WL 1947890 (Wash. Ct. App., May 29, 2012), a Washington Appeals Court held that a former employee suing his former employer for tortious interference with business expectancy must show actual evidence and not simply conclusory statements of his alleged former employer’s improper purpose, in order to recover.  

Robert Moore (“Moore”) worked for …

Because Arizona’s “Fundamental Policy” Regarding Non-Compete Clauses Is So Different From That Of The State Of Washington, Arizona Federal Court Refuses To Enforce Clause’s Provision Calling For Applicability Of Washington State Law

Posted in Non-Compete Enforceability

Courts around the country are split as to the circumstances under which the parties’ choice of law set forth in a non-compete agreement will be honored. In a recent diversity jurisdiction case ruling, Arizona U.S. District Court Judge David Campbell recently refused to enjoin violations of a non-compete clause which said that the law of Washington State applied. He held that Arizona …

“Under Pressure” Not Enough To Make Agreement Unenforceable.

Posted in Restrictive Covenants

Employment Agreement’s forum, venue and personal jurisdiction clause upheld despite argument that the agreement was signed “under extreme pressure” and without sufficient time for counsel to review.  CLP Resources, Inc. v T. Salerno, 2011 WL 1597677 (W.D.Wash.) (April 27, 2011).

Plaintiff CLP Resources, Inc. (“CLP”), a large provider of temporary construction workers, sued a former employee, defendant Salerno, and his …